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Another error with my Rating possibly

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ROMAD

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Ok here is a question for all of you that are smarter than me. I have a 50% SCD for Cluster Headaches. One of the major symptoms is my right nostril closes completely during the attacks. This is well documented in my STR's as well as all VA Records. These symptoms have occurred since 1983. Here is the question recently I was asked why the VA never rated my Vasomotor Rhinitis? I did not have an answer other than I did not know it had a name. Should this have been something they rated under a duty to infer or duty to assist? How do I go back and have it rated from when my Cluster Headaches were rated? They never used the term Vasomotor Rhinitis but it was clear in my records what was happening. So CUE? Is it my fault? Inquiring mind wants to know.

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Some years ago, they used to "define" an informal claim.  (There is no such thing, now, but there was years ago). 

An informal claim:

1.  You have to show intent to apply for one or more benefits, 

2.  It has to be "in writing".

3.  You have to "specify" the benefit sought.  

     Now, on the last one.  I think its a bad idea to "specify" too specific.  "I want to apply for lateral spondylis of c4 vertabrae".  Instead, its better to say, " I want to apply for benefits for my back".  

     You see, you probably arent a doctor, and, you may not know the sublte differences between "lateral spondylis of C4" versus something else, maybe even degenerative arthritis of the spine.  So, if you guessed wrong, you could wind up with a denial due to no diagnosis.  Doctors vary on their diagnosis, treatments, and pretty much everything else.  So one doc may diagnose you with lateral sponylis, where doc b may say its something completely different.  I suggest you not try to be a physician and you not try to show how smart you are.  Instead, tell them your back hurts.  

    So, what benefit did you "specify" when you applied?  Rhinits?  Nose problems?  headaches??   That makes a difference.  

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Adding to what @broncovet recommends, I would would also recommend extending the wording even further.

For example: "I want to apply for benefits for my back to include any secondary disabilities"

The VA often will try to SC just what you tell them and disregard any secondary disabilities. For example, I had a claim for TMJ. The VA did the C&P which confirmed TMJ, but also diagnosed migraines and reflux. When the decision was made, they awarded SC for TMJ only. Years later, the migraines and reflux was so bad that I applied and won that too. If I had known to also ask for any secondary disabilities in my application, I may have won back then. Today, the VA is supposed to assume you are filing for the maximum benefit allowed. However, it never hurts to include a few extra words just to cover all your bases. In my unofficial opinion, I believe the VA should do this across the board every time.

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